Can I collect money owed to me from my ex-partner living in Texas?
The situation
I am feeling quite overwhelmed and need some clarity regarding a financial matter following my separation. My ex-husband and I lived together in British Columbia for nearly ten years, but he moved away to Austin, Texas, back in January 2022 to start a new job. Before he left, we had a formal agreement regarding the division of our shared assets, and he owes me a final settlement payment of $15,000 for my share of the family savings. I have sent him three polite emails and even a formal letter through the post, but he has completely ignored my requests for the money. I have already tried talking to a local mediator here in Vancouver, but they told me they couldn't help because he is no longer a resident of Canada. I am worried that because he is now living in a different country, I have no way to legally force him to honour our agreement or get my pay cheque. I am unsure if the rules we used here in Canada still apply to him even though he is now living in a US state. Does the law allow me to pursue this debt across the border?
Quick Summary
It depends on whether the province where you live has made a specific legal declaration regarding international agreements. If the proper declarations are in place, the Divorce Act may allow you to pursue the debt even though your ex-husband lives in Texas.
Detailed Analysis
Statutory Citations
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 28.3 — Application
"Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province."View Official Legislation →
Legal Citation: Employment Insurance Act § S.C. 1996, c. 23, s. 150 — Debts due Her Majesty
"All benefit repayments, interest, penalties and other amounts payable by a claimant under this Part... are debts due to Her Majesty and recoverable in the Federal Court"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
Have a situation like this?
Ask the AI Lawyer app about your specific case.
Related Questions
- Will my ex-husband's child support payments take precedence over the alimony I am asking for?
- Can I get unpaid overtime and holiday pay after my employer was convicted?
- Can I pay my immigration fees by cheque instead of online?
- My landlord changed the locks and I moved out, can I get my unit back?
- How can I get child support from my ex who moved to the UK?